Sujata Sahu vs Hemanta Kumar Sahu

S.K. Mishra, J

Though the parties were sent for mediation, as per the mediation report dated 22.10.2024 on record, the mediation became unsuccessful. Though the transfer petition is pending since 2024, no written Objection has been filed by the Opposite Party-Husband till date opposing to such prayer for transfer.

However, on consent of the learned Counsel for the Parties, the transfer petition is taken up for hearing and disposal at the stage of admission, permitting the learned Counsel for the Opposite Party to have his oral objection to the prayer made in the transfer petition.

The present transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.144 of 2023, pending in the Court of learned Judge, Family Court, Jharsuguda, to the Court of learned Judge, Family Court, Sundergarh on the grounds detailed in the transfer petition.

Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner-Wife is a deserted lady having a 9 years old minor daughter. After her desertion, she is staying with her brother, who has a puja store near the bus stand in Sundergarh district for his livelihood.

Further, she has also filed an application under section 125 Cr.P.C. before the Court of learned SDJM, Sundergarh for her so also maintenance of her minor child vide Misc. Case No.24 of 2024. Being noticed, the Opposite Party-Husband has appeared and contested the said case before the Court of learned SDJM, Sundergarh.

She further submits, till date no order has been passed in Misc. Case No. 24 of 2024. She submits, it would be difficult on her part to bear the legal so also travelling expenses and attend the day to day proceeding at Jharsuguda by travelling with her minor child.

Per contra, learned Counsel for the Opposite Party submits, the distance from Jharsuguda to Sundergarh would be hardly 30 K.Ms. away. That apart, a DV Case has been initiated by the Opposite Party’s sister before the learned Judge, Family Court, Bhubaneswar. Being noticed, she is appearing before the said Court and contesting the said case at Bhubaneswar.

Learned Counsel for the Opposite Party further submits, if she has any difficulty, she may also pray before the Court below to allow her to appear through virtual mode.

Learned Counsel for the Petitioner further submits, the Opposite Party was serving in Army. Thereafter he is serving in Indian Railway and at present is posted as Depot Maintenance Superintendent at Khadagpur. If the case is transferred to Sundergarh, he will have no difficulty to appear before the said Court.

She further submits, at the time of filing of C.P. No.144 of 2023, the Opposite Party-Husband was an employee of Railway and stationed at Sambalpur. Hence, he being the permanent resident of Jharsuguda, the C.P. was initiated at Jharsuguda.

However, as per the information received, now he has been posted as Depot Maintenance Superintendent in South Eastern Railway at Khadagpur. Rather it will be convenient for him to appear before the Court at Sundergarh, if the proceeding is transferred from the Court of learned Judge, Family Court, Jharsuguda to the Court of learned Judge, Family Court, Sundergarh.

Law is well settled that while dealing with the application for transfer of matrimonial proceedings, the Court has to examine various factors and the most important factor is convenience of wife.

At this juncture, it would be apt to deal with the Judgment of the Supreme Court reported in 2022 SCC Online SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), wherein it was held as follows:-

“8. It is not disputed that the appellant is the resident of Chennai and that the appellant’s husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood. In order to attend the court proceedings of the case filed by her husband at Vellore she has to travel alone all the way from Chennai to Vellore as her parents are not in a position to accompany her on account of their old age. Secondly, the appellant has also filed a petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights and another petition, M.C. Sr. No.672 of 2021, for her maintenance before the Family Court at Chennai.

The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.

Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”

(Emphasis Supplied)

In view of the reasons detailed in the transfer petition so also submissions made by the learned Counsel for the parties and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition.

Accordingly, the learned Judge, Family Court, Jharsuguda is directed to transmit the case record in C.P. No.144 of 2023 to the Court of learned Judge, Family Court, Sundergarh at the earliest, preferably within a period of one week from the date of production of certified copy of this judgment.

On receiving the case record in C.P. No.144 of 2023 from the Court of learned Judge, Family Court, Jharsuguda, the learned Judge, Family Court, Sundergarh shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties.

Since the Opposite Party-Husband is stationed at Khadagpur, he is permitted to appear through Virtual Mode before the learned Judge, Family Court, Sundergarh, if he faces any difficulty to appear physically before the Court.

The learned Judge, Family Court, Sundergarh is requested to explore the facilities of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020. However, on the dates of effective hearing i.e. for examination and cross-examination of witnesses and other purposes, for which their presence may be required by the Court and if it is so ordered, the parties shall remain physically present before the learned Judge, Family Court, Sundergarh.

After the case is transferred to the Court of learned Judge, Family Court, Sundergarh, to avoid delay and notice, both the Parties are directed to make a query before the learned Judge, Family Court, Sundergarh themselves or through their Counsels to ascertain the date and purpose of posting of C.P. Case No.144 of 2023, and participate in the said proceeding.

Both the Parties are further directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Sundergarh, who shall do well to conclude the said proceedings at the earliest, preferably within a period of six months from the date of receipt of the records from the Court of learned Judge, Family Court, Jharsuguda.

With the said observation and direction, the transfer petition stands allowed and disposed of.

Office is directed to communicate a copy of this judgment to the Court of learned Judge, Family Court, Jharsuguda so also the learned Judge, Family Court, Sundergarh for compliance.

Urgent certified copy of this judgment be granted on proper application as per rules.